K.S.Verma, J. - (1.) The petitioner No. 1 claims to be a registered Trade Union which professes to protect the interests of various seasonal employees of different Cane Unions of Barabanki District. Petitioners 2 to 64 are the seasonal clerks of the Cane Unions who are called for duty during every cane crushing season by their respective unions in district Barabanki. According to the petitioners the post of the seasonal clerks has always been non -transferable by reason of the fact that the employees are paid salary only during the crushing season and during remaining part of the year, they are not in the employment of their Cane Unions. Opposite party No. 1 in exercise of its powers under Section 122 of the U.P Co-operative Societies Act, 1965. has framed regulations, namely, U. P. Cane Co-operative Services Regulations, 1975. Chapter IX of the Regulations deals with transfers of various categories of staff. One of the categories which has been made subject to transfer is the seasonal employee of the Union. By order dated 7-11-1978 the petitioners No. 2 to 64 were transferred from one Cane Union to another Cane Union. The order provided that if they did not take up their appointment to the post which they had been transferred, their services would be terminated. This action of opposite party No. 1 is challenged by the petitioners on the ground that opposite party No. 1 had no authority to direct transfers from one Cane Union to the others.
(2.) It has been contended by Mr. A- Mannan on behalf of the petitioners that Cane Co-operative Unions of which the petitioners are the employees are societies registered under the U. P. Co-operative Societies Act, 1963 and under Section 9 of the U.P. Co-operative Societies Act such societies are a body corporate by the name under which they are registered. Since the Cane Unions are a body corporate and have an entity separate from other Cane Unions, the opposite party No. 1 had no authority transfer the seasonable employees of the Cane Union to the other and is not employees who are not the employees of the seasonal employee who are not the employees of the Union. It was submitted that the U.P, Case Co-operative Service Regulations, 19/5 (hereinafter to be referred to as the 'Regulations, govern the conditions of service of employees employed by a particular Cane Union. The terms and conditions of the employees of a Cane Union .re regulated by the Regulations The Regulations provide for disciplinary proceedings, for termination of service and for transfers of employees already in the employment of a particular Cane Union. Chapter IX of the Regulations dealing with transfers is confined to transfers of employees within the limits of that Union. According to the learned counsel for the petitioners, it is not open the opposite party No. 1 to transfer an employee of one Cane Union to another Cane Union.
(3.) The Regulations have been framed by opposite Party No. I in exercise of its powers under Section 122 of the U. P. Cane Co-operative Societies Act Section 122 of the Act provides that the State Government may constitute an authority for recruitment, training and disciplinary control of the employees of Co-operative Societies or a class of Co-operative Societies and may require such authority to frame Regulations regarding recruitment, emoluments and terms and conditions of service including disciplinary control of such "employees. The Regulations, accordingly. regulate the conditions of service of the employees of the Cane Union. Section 122-A of the Act deals with centralisation of certain services. According to the said section, the State Government may by rules provide for the creation of one or more services of employees of such co-operative societies or class of co-operative societies as the State Government may think fit, common to such co-operative societies and prescribe the method of recruitment and conditions of service of persons appointed to any such set vices. Sub-section (2) of Section 122-A of the Act provides that after the creation of such service, the employees on the posts included in such service may be absorbed in the service Section 122- A, accordingly, envisages the creation of posts common to co-operative societies and in regard to such employees, it is open to the State Government to lay down rules for their recruitment and conditions of services.;